Browning v. Canada (Attorney General), 2010 FC 603

Date: 20100602

Docket: T-270-09

Citation: 2010 FC 603

BETWEEN:

JULIAN BROWNING

Applicant

and

THE ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR AMENDED CERTIFICATE OF ASSESSMENT

Bruce Preston

Assessment Officer

[1]               On April 12, 2010 a Certificate of Assessment was issued allowing the Respondent’s costs at $1,549.77.

[2]               By way of order dated May 10, 2010, the Court dismissed the Respondent’s motion for a review of the assessment of costs on the grounds that it was premature. In that order the Court stated “the better recourse in first instance is to move the Assessment Officer for reconsideration on the grounds that a matter which should have been dealt with has been overlooked or accidentally omitted”.

[3]               Further to the order of May 10, 2010, by way of letter dated May 14, 2010, counsel for the Respondent asked that this matter be brought to my attention.

[4]               In its Bill of Costs filed February 4, 2010 the Respondent claimed 7 units under Item 2.

[5]               In my decision of April 12, 2010, I refused to allow Item 2 and allowed 1 unit under Item 27 for the preparation and filing of a Notice of Appearance.

[6]               Upon reviewing the Respondent’s Bill of Costs, I note that I overlooked the fact that the Respondent had claimed for the preparation and filing of the Respondent’s Record under Item 2.

[7]               The parties having confirmed that neither intends to file further submissions concerning the assessment of costs. Therefore I will now assess Item 2 as it relates to the Respondent’s Record.

[8]               As the Applicant has not filed any submissions I will continue to rely on Reginald R. Dahl v. HMQ 2007 FC No.192 at paragraph 2.

[9]               Following these reasons, I have reviewed the file; particularly the materials filed in support of the Bill of Costs and find the amount claimed under Item 2 to be reasonable. As I have previously allowed Item 27 at 1 unit for the Notice of Appearance, I now allow Item 2 at 6 units for the filing of the Respondent’s Record.

[10]           For the above reasons, the Respondent’s Bill of Costs is assessed and allowed at $2,329.77. An Amended Certificate of Assessment will be issued.

    “Bruce Preston”

Toronto, Ontario

June 2, 2010

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          T-270-09

STYLE OF CAUSE:                          JULIAN BROWNING v. THE ATTORNEY GENERAL OF CANADA

ASSESSMENT OF COSTS IN WRITING WITHOUT PERSONAL APPEARANCE OF THE PARTIES

PLACE OF ASSESSMENT:                                                 TORONTO, ONTARIO

REASONS FOR ASSESSMENT OF COSTS:                    BRUCE PRESTON

DATED:                                                                                 JUNE 2, 2010

WRITTEN REPRESENTATIONS:

SOLICITORS OF RECORD: